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Hemp Oil Legality & BioCBD+™

By August 30, 2017News

Hemp oil, hemp oil legality, legal hemp, CBD, cannabidiolHemp Oil & BioCBD+ Water Soluble CBD products have been a legal to import into the United States for decades, with authorities well aware that there is almost always trace amounts of THC and other cannabinoids (like CBD) in hemp products.

Yet, there are many misunderstandings & stigmas associated with hemp. Here at EAD Labs and BioCBD+, we have engaged the top legal attorneys in the Cannabis Industry to support us and make sure we are compliant. As a company, it is extremely important to use that we follow federal law and through our legal team, we work with government agencies to make sure we are compliant in bringing Hemp Products to our customers.

Here is a quick snapshot of the landscape here in the United States:

  • Some components of cannabis are illegal, others are legal.The US Government defines “marijuana” (the government actually uses an old spelling of “marihuana”) as being specific parts (and not all parts) of the Cannabis sativa plant, including the flowers, leaves, resin, seeds (capable of germination) and a few constituents of of the plant. This is why both industrial hemp and marijuana are outlawed at the federal level – the government classifies any cannabis plant’s flowers, leaves, resin, etc. as “marijuana,” regardless of what anyone calls it: “hemp” or “marijuana.”
  • At EAD Labs & BioCBD+ we only use the components of the plant that are NOT marijuana –  we only use the mature stalks & sterilized seeds. Review this code 21 U.S.C. 802 (16)which gives the definition of “marijuana” that’s still used today:
    • “The term ‘marihuana’ means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resins; but shall not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination.”
  • Important: Natural cannabinoids in hemp products are exempt from DEA enforcement. Thanks to the HIA vs. DEA case in 2004 [PDF], the DEA cannot schedule even trace amounts of THC in the parts of the Cannabis plant that do NOT fit their definition of marijuana.
  • CBD (Cannabidiol) is not listed on the Controlled Substances Act (CSA) Drug Schedule. The Controlled Substances List within the Controlled Substances Act Schedule does not list cannabidiol (DEA Number 7372) as a controlled substance. Schedule I clearly covers tetrahydrocannabinols (THC and its variants), their isomers, and other compounds of these structures. Cannabidiol has a different molecular structure and a different DEA Control Number. It is not listed in the CSA Schedule I and is not included under the definition for tetrahydrocannabinols.
  • Hemp oil is a legal import.EAD Labs & BioCBD+ hemp products are legally imported under Tariff Code 90.80.10 [PDF]: Harmonized Tariff Schedule of the United States, Section III – “Animal or vegetable fats and oils and their cleavage products prepared edible fats; animal or vegetable waxes”, Chapter 15. (Control/ Command “F” for Search/ Find: “hemp oil.”) Our hemp products pass all U.S. federal requirements for importation. This allows us to ship our hemp products, that are derived from hemp oil, to anywhere in the U.S.

Conclusion: There is a lot of confusion among activists, legislators and the general public alike, yet the federal definition of marijuana and DEA vs. HIA, both support the fact that CBD (and even trace amounts of THC) found naturally in hemp products (as long as these products are derived from the parts of Cannabis sativa that are excluded from the definition of marijuana) are 100% legal at the U.S. federal level.  Jus like hemp consumer products, such as Hemp Seeds, Hemp Milk, & Hemp T-Shirts are legal at the federal level.


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